On July 9, 2012, the Court of Appeals for the Federal Circuit issued its opinion in CLS Bank v. Alice Corp. Pty., Ltd. [enhanced version available to lexis.com subscribers], as discussed in an earlier Fitch Even alert. Today [Oct. 9th] the court ordered rehearing of the CLS Bank case en banc, for consideration of the following questions:
a. What test should the court adopt to determine whether a computer-implemented invention is a patent-ineligible "abstract idea," and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
b. In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium, and should such claims at times be considered equivalent for § 101 purposes?
Fitch Even attorneys are monitoring the CLS Bank case and will report when the court has issued its en banc opinion.
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